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HARRIS v. CITY OF RALEIGH

No. 460.

111 S.E.2d 329 (1959)

251 N.C. 313

John HARRIS and Walter Jenkins v. CITY OF RALEIGH.

Supreme Court of North Carolina.

November 25, 1959.

Attorney(s) appearing for the Case

Bailey & Dixon, Raleigh, for plaintiff appellants.

Paul F. Smith, Raleigh, for defendant appellee.

RODMAN, Justice.

The pleadings placed the burden on plaintiffs to establish ownership of the land in controversy.

The stipulations and evidence suffice to establish: Amelia Whitaker and other members of the Whitaker family, on 14 October 1873, conveyed to W. H. Morgan a parcel of land "designated as Lots 45, 46, and 47 on said (San Domingo) map fronting on Butler Street or Avenue, adjoining the lands of Tom Johnson and Solomon Taylor and containing about one...

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